Queensland Consolidated Acts
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PENALTIES AND SENTENCES ACT 1992 - SECT 189
Outstanding offences may be taken into account in imposing sentence
189 Outstanding offences may be taken into account in imposing sentence
(1) A court that sentences an offender for an offence may proceed under this
(a) the prosecution consents; and
(b) it is satisfied that—
(i) there has been lodged in court a form that includes, or has attached, a
list of other offences, that are not excluded offences, that it is alleged the
offender has committed but of which the offender has not been convicted; and
(ii) a copy of the form has been given to the offender; and
(iii) in all the
circumstances of the case it is proper to do so.
(2) The court may take all
or any of the offences contained in the list mentioned in subsection (1) (b)
(i) into account if the offender—
(a) is represented by counsel or a
(b) pleads guilty to the offences; and
(c) asks that they be
taken into account by the court in imposing sentence for the offence of which
the person has been convicted.
(3) The court must not impose a sentence that
is more than the maximum sentence that may be imposed for the offence of which
the person has been convicted.
(4) The court must certify on the form
mentioned in subsection (1) (b) (i) the offences mentioned in the list that
have been taken into account in imposing sentence on the offender.
Subject to subsection (6) , proceedings or further proceedings for offences
contained in the certification mentioned in subsection (4) can not be taken
against the offender.
(6) Proceedings or further proceedings mentioned in
subsection (5) may be taken if the court’s decision is quashed or set
(7) If the court’s decision is quashed or set aside, an admission of
guilt for an offence made by the offender for the purposes of this section is
not admissible in evidence—
(a) in proceedings or further proceedings taken
against the offender; or
(b) in proceedings or further proceedings for the
offence if the offence was not taken into account under this section in
(8) Subject to section 35 (4) , an offence taken into
account under this section in imposing sentence on an offender for another
offence must not, because it was taken into account, be regarded for any
purpose as an offence of which the offender has been convicted.
(9) If, under
this section, an offence is taken into account in imposing sentence on an
offender for another offence, then, in criminal proceedings—
reference may lawfully be made to the fact that the person was convicted of
the other offence—reference may also be made to the fact that the first
offence was taken into account; and
(b) if evidence may lawfully be given of
the fact that the offender was convicted of the other offence—evidence may
also be given of the fact that the first offence was taken into account.
The fact that an offence was taken into account may be proved in the same way
as the conviction for the offence in relation to which it was taken into
account may be proved.
(11) Subsection (8) has effect despite
subsection (9) .
(12) In this section—
"excluded offence" means an offence against section 123 (1) if the community
based order to which the offence relates is a graffiti removal order.
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